Volume 842, Page 36 View pdf image |
November Court
1730
36 next court and She hath it and the same day is Given to the aforesaid plft here also &c Att which said next court to witt the Seventeenth day of november anno Dom One thousand Seven hundred & thirty Came againe the Said Robert Smith by his attorney aforesaid and prays that the afd Hannah to his declaration aforesaid may answer but the Said Hannah altho' Solemnly Called Cometh not nor Saith nothing in barr or preclusion of the action afd of the Said Robert by which the SAme Robert remaineth against the Said Hannah ^thereof^ undefended Wherefore the aforesaid Robert Smith his damages by Occasion of the Nonperformance of the promise and assumption afd against the aforesaid Hannah Ought to recover &.c Whereupon at the prayer of the aforesaid Robert the Court here do assess the damage of the Same Robert according to act of assembly in Such Case made and provided by Occasion of of the non performance of the promise and assumption afd in that part beyond his Costs and Charges by him about his Suit in that part apposed to two pounds tenn Shillings and three pence halfe penny Currant mony Therefore it is Considered that the aforesaid Robert Smith Administrator of the aforesaid Archibald Smith during the minority of the afd James Smith Executor of the aforesaid Archibald Smith dec.d Recover against the aforesaid Hannah Dickerson admrx of Somerset Dickerson dec.d two pounds tenn Shillings and three pence halfe penny Currant mony his damages afd by the Justices in form afd assessed as also Two hundred and 256 fifty Six pounds of tobacco for his Costs and Charges to the same Robert at his Request by the Court here adjudged to be Levied of the goods and Chattells which were of the aforesaid Somerset at the time of his death in the hands of the Same Hannah remaining to be administred if so much thereof in her hands to be administred she hath and if so much in her hands She hath not then the Costs aforesaid to be Levied of the proper Goods and Chattells of the aforesaid Hannah; and ye aforesaid deft in mercy &c
vizt at Somerset County aforesaid within the Jurisdiction of this Court was Indebted unto the Said Jeremiah in forty three pounds Seven Shillings and four pence halfe penny Sterling money of England as well for Creditt Given him as for Sundry Cattle wares and merchantdizes and tobacco to the Said Charles by the said Jeremiah at the Speciall Instance and request of the said Charles before that time Sold and delivered and being so thereof Indebted the Said Charles in Consideration thereof afterwards to witt the aforesaid thirtieth day of December in the Year aforesaid upon himselfe did assume and to the Said Jeremiah in [illegible] tryed then and there did faithfully promise that he the Said Charles the Said forty three pounds Seven Shillings and four pence halfe penny to the Said Jeremiah when he Should be afterwards thereunto requested he would well and faithfully pay and Content Nevertheless the Said Charles his promisse and assumption af.d in forme af.d made nothing regarding but plotting and fraudulently Intending the Said Jeremiah in his Life time and the af.d Ann after the Decease of the said Jeremiah in that part Craftilly and Subtilly to Deceive and defraud the af.d forty three pounds Seven Shillings and four Pence half penny Sterling Money af.d or any penny thereof to the Said Jeremiah in his Life time or to the af.d Ann after the death of the Said Jeremiah to whom Admrcon of all and Singular the Goods Chattles and Creditts w.ch were of the Said Jeremiah at the time of his death by Thomas Aisquith Depty Commr of S.t Marys County the twenty Sixth day of aprill Ann.o Dom seventeen hundred and twenty Nine was Committed altho the same to do the Said Charles by the af.d Jeremiah (in) |
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Volume 842, Page 36 View pdf image |
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